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Decentralized Democracy

Member of the panel of chairs for the legislative committees

Hon. Michael Chong

  • Member of Parliament
  • Member of the panel of chairs for the legislative committees
  • Conservative
  • Wellington—Halton Hills
  • Ontario
  • Voting Attendance: 65%
  • Expenses Last Quarter: $120,269.09

  • Government Page
Context: House Hansard - 192 - May/8/23
Hon. Michael Chong (Wellington—Halton Hills, CPC)
  • May/8/23 3:50:10 p.m.
  • Watch
He said: Mr. Speaker, I thank you for your very detailed arguments and significant ruling. I am speaking entirely extemporaneously because I was not exactly certain how you would rule. Allow me to gather my thoughts by beginning to say that the fathers of Confederation in 1867 designed a Constitution that has endured for more than a century and a half. To be sure, it has had certain modifications over the years, the most recent and largest of which was the 1982 patriation and addition of the Charter of Rights and Freedoms. The fundamental structure of the Constitution remains as it was written over a century and a half ago in 1867. That fundamental construct created a division of power between three different branches of the system: the executive branch, the judicial branch and the legislative branch. The essential balance of power in that system is between the legislative and executive branches of government. As members know, we do not directly elect our government in Canada. The government is appointed. It is appointed by the Crown based on the member of the House that has the majority support of the 338 members of the chamber, and because we do not directly elect our government, as it government is appointed, it becomes even more important that the legislative branch of the system provides for a sufficient accountability mechanism to ensure that Canadians are well governed in between elections. What has transpired here in recent weeks makes it clear that the executive branch of government has failed in its responsibility to protect the safety and security of Canadians, to protect the safety and security of members of the House and their families. In that context, it becomes even more important for the members of the House and its committees to uphold section 18 of the Constitution Act, which sets in place the rights, privileges and immunities of the legislative branch of our system. I am very comforted by the fact that Parliament has risen to the occasion to take on its role in defending members of the House when the executive branch of government has failed. I hope when the procedure and House affairs committee examines this matter they will look at the totality of evidence that got us to this place, which involves a person in Canada, accredited by the executive branch of government, with more rights than Canadian citizens because, as members know, diplomats are immune from criminal prosecution. We all remember the famous case several years ago under a previous Liberal government where a Russian diplomat tragically mowed down, in the streets of Ottawa, an innocent woman and her friend, leading to the death of that woman. We all remember that then foreign affairs minister John Manley, who, under the terms of the Vienna Convention, rightfully indicated that it was not possible for the diplomat to be arrested and charged in Canada with a criminal offence because the diplomat had more rights than ordinary Canadians, as diplomats do. They are afforded the immunities of diplomacy to do their work. What becomes even more important in that context is that the executive branch outside of law enforcement, outside of Crown prosecution, exercise its prerogatives under article 9 of the Vienna Convention, which makes it clear that the Crown has the right to declare persona non grata any person in Canada for no reason who is a diplomat accredited by the Government of Canada. The executive branch of our system failed in that regard when information came to light that this person in Canada, this person accredited by the executive branch, was targeting MPs by trying to gather information about their families in the PRC. Because the executive branch of government failed, it becomes important for the legislative branch to step up to the plate to defend MPs and their families. That is the wisdom of the constitutional structures that were put in place in 1867, and why I am so comforted, Mr. Speaker, that you have made a decision to find a prima facie case. I will finish by saying this: It is a serious thing to intimidate a member of the House directly or indirectly to affect the outcome of a debate or to affect the outcome of votes in this place. We know, in the last decade or so, that the rise of authoritarianism around the world has put democracies on their back heels, and in that context, it becomes even more important to make it clear that we, as one of the world's oldest, continuous democracies, set an example for all the world to see that we will not be intimidated, that we will not be cowed and that we will stand up for the democratic rights of Canadians as expressed in this place. We will ensure that members and their families are not subject to these foreign interference threat activities. I thank you, Mr. Speaker, for your ruling. I look forward to the deliberations and ultimately to the report and recommendation of the procedure and House affairs committee.
843 words
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